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HomeMy WebLinkAboutRESOLUTION NO. 2022-33RESOLUTION NO. 2022-33 RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OI+ FAIRFAX AND HALL AND HALL ENGINEERS, INC. WHEREAS, the Fairfax City Council intends to have the City's elevated water storage tank inspected and a report prepared which provides recommendations for maintenance and painting to this water storage tank; and WHEREAS, Hall and Hall Engineers, Inc. has submitted a Professional Services Agreeinent to provide inspection and engineering services for the ii7spection and report of the City's elevated water storage tank. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fairfax, Iowa, to el7ter into this Professional Services Agreement with Hall and Hall Engineers, Inc. as attached. BE IT FURTHER RESOLVED, by the City Council of the City of Fairfax, Iowa, that the Mayor and City Clerk are hereby authorized and directed to execute both this Resolution and the Professional Seivices Agreeinent. Passed and approved this 12th day of April, 2022. AYES: Nurre, Daly, Pacha, Vollc, and Wainwright NAYS: None � N >' a ut71e11 G. Frieden, Mayor ATTEST: � \ f' � �� �� , Cynt�iia Stimson, City Clerk/Treasurer �_ � �, k :. ;� : t , � �, . ..C;�i ���'`�4 2022 Water Tower Painting Study HHE ProjectNo. 6950-22-OS SHORT FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of At�ril ] 2 20�2 ("Effective Date") between Ciiy af �'�irfa:� ("Owner") and t��11 � Nall �t��in��rs, tnc: ("Engineer"). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identii►ed as follows: Hall and Hall Engineer's lnc. shall contract with Dixon Engineering and Inspection Services to provide inspection of the City's elevated water storage tank. Dixon shall inspect the elevated water storage tank and provide the City with a report that includes recommendations for maintenanee and painting of the water tower, as well as estimated costs for these improvements. Engineer's Services under this Agreement are generally identified as follows: See attached the proposed agreement from Dixon Engineering & Inspection Services. City Staffrecommends that the City move forward with DRY Maintenance Inspection (Schedule A- Alternate and Schedule B— Alternate). Hall and Hall Engineers, Inc. shall provide coordination with Dixon representatives, City staff, as well as review Dixon's final report and recommendations and coordinate with City staff on which recommendations should be addressed, and when. Owner and Engineer further agree as follows: 1.01 Basic Agreement and Period of Service A. F,ngineer shall provide, or cause to be provided, the services set forth in this Agreement. If authorized by Owner, or if required because of changes in the Project, Engineer shall furnish services in addition to those set forth above. Owner shall pay Engineer for its services as set forth in Paragraphs 7.01 and 7.02. B. Engineer shall complete its services within a reasonable time, or within the following specific time period: +� A. Design Services: April 2022 — October 2022 • B. Construction Engineering and Surveying Services: NA C. If the Project includes construction-related professional services, then F,ngineer's titne for completion of services is conditioned on the time for Owner and its contractors to complete construction not exceeding 4 months. If the actual time to complete construction exceeds the number of months indicated, then Engineer's period of service and its total compensation shall be appropriately adjusted. 2.01 Payment Procedur�es A. Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices and submit the invoices to Owner on a monthly basis. Invoices are due and payable within 30 days of receipt. If Owner fails to make any payment due Engineer for services and expenses within 30 days after receipt of Engineer's invoice, then the amounts due Enginecr will be increased at the rate of 1.0% per month (or the maximum rate EJCllC E-520 Short Form of Agreement Behveen Owncr and Engineer for Profcssional Scrvices. Copyright 02009 National Society of Professional Engineers for F,J(:llC. All ri�hts reservcd. Paer i 2022 Water Tower Painting Study HHE Project No. 6950-22-OS of iriterest pennitted by 1aw, if less) from said thirtieth day. In addition, Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement until Engineer has been paid in full all amounts due for services, expenses, and other related charges. Owner waives any and all claims against Engineer for any such suspension. Payments will be credited first to interest and then to principal. 3.01 Termination A. The obligation to continue performance under this Agreement nnay be terminated: 1. For cause, a. By either party upon 30 days written notice in tl�e event of substantial failure by the other pariy ta perform in accordance with the AgreemenYs terms through no fault of the terminating pariy. Failure to pay Engineer for its services is a substantial failure to perform and a basis for termination. b. By Engineer: 1) upon seven days written notice if Owner demands that Engineer furnish or perform services contrary to Engineer's responsibilities as a licensed professional; or 2) upon seven days written notice if the F,ngineer's services for the Project are delayed for more than 90 days for reasons beyond F,ngineer's control. Engineer shall have no liability to Owner on account of a termination by F,ngineer under Paragraph 3.O1.A.I.b. c. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under Paragraph 3.O1.A.l .a if the party receiving such notice begins, within seven days of receipt of such notice, to correct its substantia) failure to perform and proceeds diligently to cure such failure witl�in no more than 30 days of receipt of notice; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60 days after the date of receipt of the notice. 2. For convenience, by Owner effective upon Engineer's receipt of written notice from Owner. B. The terminating party under Paragraph 3 A l.A may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer to complete tasks whose value would otl�erwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly tiles. C. In the event of any te�mination under Paragraph 3.01, Engineer will be entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement and all reimbursable expenses incurred through the effective date oftermination. EJCUC F,-520 Short Form of Agrcement Behveen Owner and F.ngineer Por Professianal Services. Copyright C�J2009 National Society ofProfcssional Engineers for EJCDC. All rights rescrved. 2022 Water Tower Painting Study HHE Project No. 6950-22-OS 4.01 Successors, Assigns, and Be��eficiaries A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.01.B the assigns of Owner and Engi�ieer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B, Neither Owner nor F,ngineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise, nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or �ngineer to any contractor, subcontractor, suppfier, other individual or entity, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 5.01 General Considerations A. The standard of care for all professional engineering and related services perfonned or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members ofthe subject profession praeticing under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this �lgreement or otherwise, in connection with Engineer's services. Subject to the foregoing standard of care, Engineer and its consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. B. Engineer shall not at any time supervise, direct, control, or have authority over any contractor's work, nor shall Engineer have authority over ar be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety at the Project site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor's furnishing and perfonning of its work. C. This Agreement is to be governed by the law of the state or jurisdiction in which the Project is located. D. Engineer neither guarantees the performance of aaly contractor nor assumes responsibility for any contractor's failure to furnish and perform its work in accordance with the contract between Owner and such contractor. Engineer is not responsible for variations between actual consti•uction bids or costs and Engineer's opinions or estimates regarding construction costs. E. Engineer shall ►�ot be responsible for the acts or omissions of any contractor, subcontractor, or supplier, or of any of their agents or employees or of any oiher persons (except Engineer's own employees) at the Project site or otherwise furnishing �r rerf�rming any c�nstn�cti�n wnrk; �r fr�r any �eciti�n made regarding the construction contract requirements, or any application, interpretation, or clarification of the construction contract other than those made by F,ngineer. EJCDC E-520 Short Form of Agrcement Bcnveen Owner and Enginecr for Professional Services. Copyright 02009 National Society of Profcssional Engincers for EJCDC. All rights reserved. I'aec 3 2022 Water Tower Painting Study I-II iE Project No. 6950-22-OS F. The general conditions foi• any construction contract documents prepared hereunder are to be the "Standard General Conditions of the Construction Contract" as prepared by the Engineers Joint Coniract Documents Committee (EJCDC C-700, 2007 Edition) unless the parties agree otherwise. G. All documents prepared ar furnished by Engineer are instruments of service, and Engineer retains an ownership and property interest (including the copyriglrt and the right of reuse) in such doeuments, whether or not the Project is completed. Owner shall have a limited licensc to use the documents on the Project, extensions of the Project, and for related uses of the Owner, subject to receipt by Engineer of full payment for all services rclating to preparation of the documents and subject to the following limitations: (1) Owner acknowledges that such documents are not intended or represented to be suitable for use on the Project unless completed by Engineer, or for use or reuse by Owner or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Engineer; (2) any such use or reuse, or any modification of the documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owner's sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, pariners, agents, employees, and consultants; (3) Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and consultants from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from any use, reuse, or modification of the documents without written verification, completion, or adaptation by Engineer; and (4) such limited license to Owner shall not create any rights in third parties. H. To the fWlest extent permitted by law, Owner and Engineer (1) waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the Project, and (2) agree that Engineer's total liability to Owner under this Agreement shall be limited to $50,000 or the total amount of compensation received by Engineer, whichever is greater. 1.. The parties acknowledge that Engineer's scope of services does not include any services related to a Hazardous Environmental Condition (tf�e presence of asbestos, PCBs, petroleum, hazardous substances or waste as defined by the Comprehensive Environmental Response, Compensatio» and Liability Act, 42 U.S.C. §§9601 et seq., or radioactive materials). If Engineer or any other party encounters a Hazardous F,nvironmental Condition, Engineer may, at its option and without liability for consequcntial or any othcr damages, suspend performance of services on the portion of the Project affected thereby until Owner: (1) retains appropriate spccialist consultants or contractors to identify and, as appropriate, abate, remediate, or remove the I-Iazardous Environmental Condition; and (2) warrants that the Site is in full compliance with applicable Laws and Regulations. Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days after notice of dispute. If ne�otiations are unsuccessful in resolving the dispute, then the dispute shall be mediated. If inediation is unsuccessful, then the parties may exercise their rights at law. 6.01 Total Agreentent A. This Agreement (including any expressly incorporated attachments), constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly eYecuted written instrument. EJCDC E-520 Shor[ Form of Agrccment [3etwcen Owner and Engineer for Profcssional Scrvices. Copyrigh[ �2009 Na6onal Society of Frofessional Enginecrs for E,ICDC. All rights reserved. Pase 4 2022 Water Tower Painting Study HHE Project No. 6950-22-OS 7.01 Basis of Payment—Cost Plus to a rrraximu�ra, unless olherwise noted below A. Using the procedures set forth in Para�;raph 2.01, Owner shall pay Engineer as follows: _..�._ � SERVIC� FEE A. Ins ection Services / Re ort (Dixon En ineerin & Ins ection Services $6,500.00 B. En ineerin Services (Hall and Hall Engineers, Ina $1,000.00 C. Total Services for HHE $7,500.00 Estimated Ex enses* $0.00 TOTAL: $7,500.00 * Expenses will be lrncked separately per Nole #2 below. Engineer's Standard Hourly Rates are attached as Appendix 1 2. Owner to pay all fees and expenses for the project with no mark up. HHE shall sub-consult with Dixon �ngineering & Inspection Services. 7.02 Additional Services: For additional services of Engineer's employees engaged directly on the Project, Ownet• shall pay Engineer an amount equal to the cumulative hours charged to the Project by each class of Engineer's employees times standard hourly rates for each applicable billing class; plus reimbursable expenses and Engineer's consultants' charges, if any. Engineer's standard hourly rates are attached as Appendix 1. The following Services are NOT included as part of the Scope of Services of this Agreement, and are considered Additional Services above and beyond the Scope and Schedule as provided for in this Agreement: Attachments: Appendix 1, �ngineer's Standard Hourly Rates; Appendix 2, Special Provisions; Attachment 1, Anticipated Project Schedule; Inspection Services Proposal from Dixon Engineering &[nspection Services. EJCllC E-520 Short Form of Agreement Betwecn Owncr and Enginecr for Professionai Scrvices. Copyright �2009 Nafional Socicty of Professional Engineers for F JCDC. Ail rights reserved. Pnee 5 2022 Water Tower Painting Study HHE Project No. 6950-22-OS IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. OWNER o.7 � �-��,� � By: ' C��"%.-�z,.._-e...-�--� Title: Mayor _ Date Signed: �— %.j--g„� � .. Address for giving notices: ENGINEER: � By: ` �.�✓ Title: Public Team Leader Date Signed: Engineer License or Firm's Certificate Number: 421308857 State of: Iowa Address for giving notices: City afS�air�'xsi, iowga Hall & Hall En�ineers Inc. 300 80`" Street �o�irk, P.O. Box 337 1860 Bo son Road Fairfax, IA 52228 Hiawatha IA 52233 EJCDC E-520 Short Form of Agreement Betwecn Owner and Engineer for Professionul Services. Copyright �02009 Nafional Socicty of Professional Enginecrs for EJCDC. All rights reserved. I'aec 6 2022 Water Tower Painting Study HHE Project No. 6950-22-OS This is Appendix 1, Engineer's Standard Hourly Rates, referred to in and part of the Short Form of Agreement between Owner and Engineer for Professional Services dated ��aril l�, �(i�� Engineer's Standard Hourly Rates A. Standard Hourly Rates: l. Standard Hourly Rates are set forth in this Appendix 1 and include salaries and wages paid to personnel in each billing class plus the cost of customary and statutory benefits, general and administrative overhead, non-project operating costs, and operating margin or profit. 2. The Standard Hourly Rates apply only as specified in Paragraphs 7.01 and 7.02, and are subject to annual review and adjustment. B. Hourly rates, for services performed on or after the Effective Date a�•e: .._ _— POSITION LEVEL I � II III Team Leader $145/hour $150/hour $160/hour Proiect Mana er $135/hour $140/hour $150/hour �.m.__�. Associate Team Leader $110/hour $120/hour $135/hour Pro'ect Coordinator � $90/hour $105/hour $120/hour �.�_ �_ . Project En ineer $115/hour $120/hour $135/hour Desi n En ineer $100/hour $105/hour $115/hour Civil En incerin Technician $90/hour $100/hour $110/hour Pro�ect Landsca e Architect $115/hour $120/hour $135/hour Desi n Landsca e Architect $100/hour � $105/hour $1 l 5/hour Landsca e Architect Technician $90/hour � $100/hour $ll0/hour Pro'ect Surveyor � $l30/hour $135/hour $145/hour Lead Field Survevor $110/hour $120/hour � $130/hour Desi n Surveyor $85/hour $105/hour � $120/hour ____ ___ a____ Field Surve or $95/hour ------------ --�----�---> Construction Administratar � $I 15/hour $130/hour $140/hour Construction Observer $90/hour $105/hour $120/hour __. �__ �..� _ � ..... Administrator $70/hour $85/hour $100/hour _ �..�.�__ .�.... Intern $SS�our $65/hour ---------:--- Aerial Field Surve or � � $135/hour Aerial Data Processin $130/hour Ex ert Witness ���� � $200/hour Traffic Data Collector $45/hour for staff &$50/hour for intern Milea e — Personal Vehicle $Q.58/mile Milea 7e - Com an Truck $0.79/mile � Appendix 2, Speciai Provisions FJCllC E-520 Short Form of Agrecmcnt I3etwecn Owner and Engincer for Professional Scrvices. Copyright C�2009 Nadonal Society oI'Professional F,ngineers for EJCDC. All righis rescrved. T'aec t 2022 Water Tower Painting Study I IHE Project No. 6950-22-OS This is Appendix 2, Special Provisions, referred to in and part of the Short Form of Agreement between Owner and Engineer for Professional Services dated A�ril 12, 2022 Special Provisions to this Agreement Modify paragraph 2.01 A as follows: � Invoices: Engineer shall prepare invoiees in accordance with its standard invoicing practices and submit the invoices to Owner on a monthly basis. Invoices are due and payable within 30 days of receipt. Accounts unpaid 60 days after the invoice date nnay be subject to a monthly service charge of 1.5% (or the maximum rate of interest permitted by law, if less). If any portion or all of an account remains unpaid 90 days after the invoice date, the Owner shall pay all costs ofcollectian, including reasonable attomey's fees and said accounts may be assigned to a credit agency, be the basis of mechanics liens, or any and all other debt collection remedies available. In addition, Engineer may, after giving scven days written notice to Owner, suspend services under this Agreement until Engineer has been paid in full all amounts due for services, expenses, and other related cliarges. Owner waives any and all claims against Engineer for any such suspension. Payments will be credited first to interest and then to principal. Invoices paid be credit card will be charged an additional 4% service charge. Additional Terms and Conditions Access to �S'ite: Unless otherwise stated, the Engineer will have access to the site for activities, but has not included in the fee the cost of restoration of any resulting damage. Information Provrded By Olhers: Owner shall furnish at the Owner's expense, all information, requirements, reports, data, surveys and instructions required by this Agreement. The Engineer may use such information, requirements, reports, data, surveys and instructions in performing its services and is entitled to rely upon the accuracy and completeness thereof. The Engineer shall not be held responsible for any errors or omissions that may arise as a result of erroneous or incomplete information provided by the Owner and/or the Owner's consultants and contractors. �ftrzcrrcl�,�us Materials: The Owner agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the Engineer and its sub-consultants from and against any and all claims, suits, demands, liabilities, losses, damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any hazardous or toxic substances, products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory Appendix 2, Spccial Provisions F.JCDC F.-520 Short Form of Agrcement Behveen Owner and F,nginecr for Professionat Services. Copyright C��2U09 National Society of Professional F,ngineers for EJCDC. All rights reservcd. Fnac 2 2022 Water Tower Painting Study f II �F, Project No. 6950-22-OS liability, regulatory or any other cause of action, except for the sole negligence or willful misconduct of the Engineer. Certifications, Guarantee.s and Warranties: The Engineer shall not be required to execute any document that would result in its certifyin�, guaranteeing or warranting the existence of conditions whose existence the Engineer cannot ascertain. Fiduciary Respon.sibiliry: The Engineer shall not offer any fiduciary service to the Owner and no fiduciary responsibility shall be owed to the Owner by the Engineer or any of its sub-consultants, as a consequence of the Engineer entering into this A�reement with the Owner. Opinions ofProbczble Construction Cosl: In providing opinions ofprobable constraction cost, the Owner understands that the Engineer has no control over the cost or availability of labor, equipment or materials, or over market conditions or the method of pricing, and that the Enginecr's opinions of probable construction costs are made on the basis of the Engineer's professional judgment and expericnce. The Engineer makes no warranty, express or implied, that the bids or the negotiated cost of Project construction will not vary from the Engineer's opinion of probable construction cost. Validiry of Pricing for Services: The scope, schedule and compensation listed for services in this Agreement shall be valid for 30 days from the date Engineer has signed the agreement. Scopc, schedule and compensation are subject to change after the above 30 days have expired. Mutual Indemnification The Fngineer agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Owner, its officers, directors and employees against damages arising directly from the Engineer's negligent performance of the services under this Agreement and that of its sub-consultants or anyone far whom the Engineer is legally liable. Notwithstanding the foregoing agreement to indemnify and hold harmless, the parties expressly agree that Engineer has no duty to defend the Owner from and against any claims, causes of action, or proceedings of any kind. The Owner agrees, to the fuIlest extent permitted by law, to indemnify and hold harmless the F,ngineer, its officers, directors and employees against damages arising directly from the Ovv��er's negligence of the setvices under this Agreemenl ana thal �f ils conlraclors, subcontractors or consultants or anyone for whom the Owner is legally liable. Notwithstanding the faregoing agreement to indemnify and hold harmless, the parties expressly agree that Owner has no duty to defend the Engineer from and against any claims, causes of action, ar proceedings of any kind. Neither the Owner nor �ngineer shall be obligated to indeirmify the other parly in any manner whatsoever for the other party's own negligence or the negligence of others. Appendix 2, Special Provisions E.ICDC l+: 520 Short Form of Agrccrreent Bctwecn Owner and Engineer for Professional Services. Copyright C�J2009 National Soeiety of Professional En�ineers Por EJCllC. All rights reserved. Yasc 3 2022 Water Tower Painting Study HHE Project No. 6950-22-OS Clarification to the Definition of �ngineer For the purposes of this Agreement, services provided by the Engineer may include land surveying, landscape architecture, and environmental services in addition to civil engineering. Clarification to the Definition of Owner For the purposes of this Agreement, the Owner may be a general contractor, sub- contractor, individual, corporation, non-profit, consultant, and any other type of entity for which the Engineer is providing services. Electronic Data Release The owner exercises the right to request that the Engineer provide a copy of their electronic survey, design and/or data file(s) pertaining to this project. Said electronic file(s) may be preliminary and may not be complete or in final form and shall not be intended for construction use. Owner's use or reuse, reproduction, dissemination, and/or review (both inteznally and externally) shall be at the Owner's risk and full legal responsibility. Owner shall be fully and solely responsible for reconciling of said electronic files with final certified hard copies produced by the Engineer. Only the final certified hard copies of the survey, design and/or data files shall be the official plans and documents for the project. By signing this agreement the Owner does hereby agree to indemnify and hold the Engineer, it's manager(s), member(s), officers, agents and employees harmless from any claims, suits, damages, liability, demands or costs, including attorney fees resulting from or arising out of the use or misuse of said electronic survey, design and/or data file(s) by Owner. In the event of suit for breach andlor enforcement of this agreement, Owner agrees to pay all attorney fees incurred by Engineer. The Engineer retains ownership and a property interest in all electronic data prepared to complete the Engineer's services, including AutoCAD Drawing files ("CAD Data"}. Upon Owner's request for CAD Data and signing Engineer's release form, Engineer will furnish CAD Data to Owner or others designated by the Owner. CAD Data will include two-dimensional horizontal line data needed to establish horizontal alignments and controL The furnished data, along with control points, elevations and grades shown on Engineer's plans can be used by others for construction surveys. Engineer will not provide construction survey support to others using Engineer's CAD Data. Appendix Z, Spccial Provisiuns F,JCDC E-520 Short Form of Agrecment 13ctween Owner and Engineer for Profcssional Serviccs. C,opyright 002009 National Society of Professional Engineers for [;JCDC. All rights reserved. ['a2e 4